2005 Connecticut Code - Sec. 26-192j. Pollution which affects shellfish grounds. Liability to municipal shellfish commission.
Sec. 26-192j. Pollution which affects shellfish grounds. Liability to municipal
shellfish commission. (a) The Commissioner of Agriculture may investigate any suspected or actual spill, as defined in section 22a-452c, which may threaten any shellfish
grounds. The commissioner may monitor any such suspected or actual spill and may
provide for any testing to determine the extent of any impact of such a spill on shellfish
in the area. The person responsible for such spill shall be liable, in accordance with the
provisions of section 22a-6a, for the reasonable costs and expenses of the commissioner
incurred pursuant to this section.
(c) If any such spill results in the closure of a recreational shellfish bed or harvesting area, the person responsible for such spill, as determined by the Commissioner of Environmental Protection, shall be liable to any municipal shellfish commission which has jurisdiction over such bed or area for any loss of revenue attributable to fees which would have been paid to such commission by recreational users of such bed or area. The Attorney General, upon complaint of the commission, may institute a civil action to recover such revenue. Any amount recovered shall be returned to the commission.
(P.A. 95-156, S. 2; P.A. 96-180, S. 131, 166; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 96-180 amended Subsec. (a) to change "discharge" to "spill", effective June 3, 1996; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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